Hong Kong Ordinances

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - SECT 25B

Power to modify the rule

(1) Where a court determines that the forfeiture rule has precluded
a person (in this section referred to as "the offender") who has unlawfully
killed another from acquiring any interest in property mentioned in subsection
(4), subject to section 25D, the court may make an order modifying the effect
of that rule.

(2) The court shall not make an order under subsection (1) unless it is
satisfied that, having regard to the conduct of the offender and of the
deceased concerned and to such other circumstances (if any) as appear to the
court to be material, the justice of the particular case requires the effect
of the rule to be modified in that case.

(3) In any case where a person stands convicted of an offence of which
unlawful killing is an element, the court shall not make an order under
subsection (1) modifying the effect of the forfeiture rule in that case unless
proceedings for the purpose are brought before the expiry of the period of 90
days beginning on-

   (a)  in case an appeal is taken as regards the conviction, the day on which
        the appeal is determined or withdrawn; or

   (b)  in any other case, the day on which the period during which such an
        appeal may be taken expires.

(4) The interests in property referred to in subsection (1) are-

   (a)  any beneficial interest in property which (apart from the 
        forfeiture rule) the offender would have acquired-

        (i)    under the relevant deceased's will or the law relating to
               intestacy;

        (ii)   on the nomination of that deceased or on the failure of that
               deceased to make a nomination;

        (iii)  as a donatio mortis causa made by that deceased; or

   (b)  any beneficial interest in property which (apart from the 
        forfeiture rule) the offender would have acquired in consequence of
        the death of such deceased, being property which, before the death,
        was held on trust for any person.

(5) An order under subsection (1) may modify the effect of the 
forfeiture rule in respect of any interest in property to which the order
relates and may do so in either or both of the following ways, that is-

   (a)  where there is more than one such interest, by excluding the
        application of the rule in respect of any (but not all) of those
        interests; and

   (b)  in the case of any such interest in property, by excluding the
        application of the rule in respect of part of the property.

(6) On the making of an order under subsection (1), the forfeiture  rule shall
have effect for all purposes (including purposes relating to anything done
before the order was made) subject to the modifications made by the order.

(7) A court shall not make an order under subsection (1) modifying the effect
of the forfeiture rule in respect of any interest in property which, in
consequence of the rule, has been acquired before the coming into force of
this section by a person other than the offender or a person claiming through
him.

(8) In this section-

"property" (財產) includes any chose in action or incorporeal movable
property;

"will" (遺囑) includes a codicil. (Part VA added 16 of 1996 s. 2) [cf. 1982
c. 34 s. 2 U.K.]

"property" (財產)

"will" (遺囑)